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(영문) 전주지방법원 2018.05.18 2018고합38

준유사강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2017, from around 05:00 to around 10:00, the Defendant, under the influence of alcohol, she was bread in the E-Sastheading room located in Yancheon-gu, Yancheon-gu, Yancheon-gu, the Defendant 23 years old, her fingerd into the inner clothes of the victim F (n, 23 years old), who is in a mental or physical loss or non-refluence, and her fingerd, and her fingerd into the fore part of the victim.

Accordingly, the defendant has committed similar rape by taking advantage of the victim's mental or physical loss or arbitrariable condition.

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The head of a complaint, a medical opinion, a written consent of victims of sexual assault, a medical record for victims of sexual assault, a key cream and photograph of an emergency device to collect evidence of sexual assault;

1. The investigation report (E-Sacrific photo is attached to a separate bond), the investigation report (E-Sacrific CCTV data analysis) is applicable to statutes;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the defendant has no past record of criminal punishment, and the defendant’s age, occupation, family environment, social relationship, etc. can prevent recidivism even by taking part in the registration of personal information of the defendant and the lectures to treat sexual assault against him/her;

In full view of the profits and preventive effects expected by an order of disclosure or notification, and all circumstances such as the degree of disadvantage and anticipated side effects of the defendant's admission, the special circumstances that the defendant's personal information may not be disclosed.